College Point Savings Bank v. Vollmer
Appellate Division of the Supreme Court of the State of New York
Order .affirmed, with ten dollars costs and disbursements.— Appeal from an order denying the plaintiff’s motion to compel the purchaser to take title.
1Per curiam
While it is probable that the title of the purchaser under the decree in this foreclosure suit may never be assailed, we cannot say that this is so certain or that the title offered to her is so free from doubt as to justify a court in compelling her to •carry out her purchase. This case is very similar to that of Gorman v. Gorman, decided by this court (40 App. Div. 225; affd. by the Court of Appeals on opinion below), in which we declined to compel a purchaser to 'take title where that title, “if questioned hereafter, could be established only by resort to parol evidence, and parol evidence…
2Cases cited2 opinions
- Miller v. . Long Island Railroad Co.New York Court of Appeals · 1877
- Gorman v. GormanAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- College Point Savings Bank v. BonfiglioNew York Supreme Court · 1962